The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1887-04-21

common carrier, subject to the provisions Of
this act in cOnraventOn of the provisions thereof,
may apply to said commission by petition, which
shall briefly state the facts Notice and oppor-
tunity for answer having been given, unless salts
faction is made, an Investigation is required. Upon
such an investigation the commission will neces-
earlly entertain consideration of the question,
whether the conduct complained of is or is not in
contravention of the provisions of the law, AID II
1t so adJutse 1t isl uhorized to issue notice en-
joining the carrier from further violation OF
and to reward the porter for the injury dOne-or
both. But neither the Railway Conductors, nor
Trad are, and Travellers union complain that any
common carrier has violated the law, On the
contrary they both aver that the railway compa
MES do not violate the law and do not wish to do
so. The conductors say that they fear they will
not receive passes heretofore, and the travellers
and traders say they fear that commercial travellers
will not be allowed free transportation Tor lou
pounds extra baggage, as was allowed last year.
anything done or omitted in
contravention of the provisions of the law. II
railway company should issue pass to conduc-
tor and his family to attend the approaching CON
vantion, or should it transport SOO pounds OF bag
gage free for commercial traveller Under the regis
terry and indemnify system, and the same person,
feeling aggreved, should make oomplaint of un-
just discrimination, it would then be proper for
the commissioner to entertain the question OF
whether such conduct was or was not in violation
of the law and if So whether il was was not with
in the exceptions stated In section %. Complaints
may also be presented If the charges made by
carriers are NOT considered rehsnhADie ana Just.
But until question of this kind comes before us
in the way clearly indicated by the etatute, it
would be worse than useless for us to express
opinions, or give advice. We should not only lay
ourselves justly open to the charge of assuming
unwarranted authority, but should also run great
risk of involving all concerned, in what the courts
might afterwards hold to be breaches of
law by hssty and i'll considered
conclusions upon exparte statements and argu-
ments although it might be desirable or at least
convenient, in respect to any power of the new
legislation to have tribunal established to which
enquirers might apply for instructions and advice
respecting the meaning of the law and its applica
ton to suggested circumstances and conditions
moment of reflection will show that no such
tribunal could be properly erected. Congress has
not taken the management of railways out of the
hands of railway companies. 1t has. simply
established certain general principles
under which interstate commerce must
be conducted. 1t has enacted in section l. that
charges for interstate transportation "shall he
reasonable and just" has prohibited in section
all manner of unjust determinations has for
hidden in section g. all undue and unreasonable
preferences and advantages; has required in the
same section, reasonable and equal facilities for
interchange Of traffic; and has prohibited, in sec
ton 8, the pooling of freights., That, in sub
stance, is the interstate commerce law